KUALA LUMPUR: There is no need for a gag order to prevent public discussion about the addendum linked to Datuk Seri Najib Razak that would allow him to serve the remainder of his prison sentence under house arrest, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reform) disagreed with the move of the Attorney-General’s Chambers (AGC) to apply for a gag order on the matter.
“In my personal opinion, there should not be a gag order,” she said to reporters on the sidelines of the International Political Financing Conference here yesterday.
According to Azalina, the case is already a public matter and Parliament is set to reconvene next month.
“So, this may be raised again,” she added.
However, Azalina believes that the AGC has reasons to apply for the gag order, stressing that the judiciary must be allowed to act independently on the matter.
“To be fair, I think the AGC has its legal reasons and they will submit to the courts. So let the courts decide on the matter,” she said.
Azalina also dismissed allegations by PAS secretary-general Datuk Seri Takiyuddin Hassan that Prime Minister Datuk Seri Anwar Ibrahim’s explanation on the matter last weekend had exposed the government to a conflict of the law and constitution.
“The case is in court and it is up to the court to decide. Let the court make a decision,” she said.
Takiyuddin criticised Anwar on Sunday, saying that the Prime Minister, or the relevant ministries, should have issued a statement on the matter rather than commenting on it at a private event.
Anwar, on Saturday, said the addendum was sent to the Attorney General, who then forwarded it to the Istana Negara on Jan 31.
Anwar also maintained that the government did not hide the addendum.
The Prime Minister said he did not want to comment on the matter as it involved the current Yang di-Pertuan Agong and his predecessor.
The government is applying for a gag order to prevent public discussion about an addendum that the former prime minister claimed would allow him to serve the remainder of his SRC International Sdn Bhd prison sentence under house arrest.
Senior federal counsel Shamsul Bolhassan – representing the Federal Territories Pardons Board, the government and five others – made the application orally during case management on Monday.
He cited “sensitive issues” as the reason for the application.
The government also objected to a watching brief conducted by lawyers appearing for MPs from Perikatan Nasional.
On Jan 6, Najib obtained leave from the Court of Appeal in his appeal relating to his claims of a royal addendum order permitting house arrest.
In a 2-1 majority decision, the appellate court overturned the High Court’s dismissal of the former prime minister’s application for leave to initiate judicial review.
The case was remitted to be heard before a different judge at the High Court.
Najib, 71, began serving a 12-year jail term in August 2022 and he was fined RM210mil for offences linked to the misuse of public money from former 1Malaysia Development Bhd unit, SRC International.
The sentence was later halved by the Pardons Board to six years in prison and his fine was reduced to RM50mil.
Various parties have raised questions regarding the royal addendum following an affidavit by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi filed on April 9 last year.
The Istana Negara had said that applications for a pardon or reduced sentences must be submitted by the prisoner concerned for the consideration of the Pardons Board, which is chaired by the Yang di-Pertuan Agong.
The King has the prerogative to grant pardons, reprieves and respites for offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
